Factual Background:
Psychotropic India Limited (Petitioner) and Meridian Medicare Ltd. (Respondent No. 1) are pharmaceutical companies clashing over the trademark "TROMA." The Petitioner, using "TROMANIL" since 1997 and variants like "TROMA PLUS" and "TROMAZIN" later, sought cancellation of Respondent No. 1’s "TROMA" trademark (Registration No. 1383114, Class 05), alleging prior use and deceptive similarity. Respondent No. 1 claimed use since 2003-2004, asserting its mark’s validity and market acceptance.
Procedural Background:
Filed under Sections 47, 57, and 125 of the Trade Marks Act, 1999, the petition (C.O. (COMM.IPD-TM) 370/2021) was heard by the High Court of Delhi. Advocates for both sides presented arguments, supported by invoices and trademark records. The court issued its order on March 6, 2025, with corrections released on March 31, 2025.
Reasoning of Court:
The court found the Petitioner to be the prior user of "TROMA"-based marks since 1997, supported by invoices and sales data showing extensive goodwill. Respondent No. 1’s "TROMA" was deemed deceptively similar, copying the dominant element of Petitioner’s marks, likely causing consumer confusion. The court rejected Respondent No. 1’s claim of use since 2004, citing forged invoices (e.g., mentioning "GST" pre-2017 and a 2011-registered website). Citing precedents, the court emphasized prior use, phonetic similarity, and the dishonesty of adoption, concluding Respondent No. 1’s registration violated the Trade Marks Act.
Decision:
The petition was allowed, canceling Respondent No. 1’s trademark "TROMA" (No. 1383114, Class 05). The Registrar of Trade Marks was directed to remove it from the Register, with the order emailed for compliance.
Case Title: Psychotropic India Limited Vs. Meridian Medicare Ltd.
Date of Order: March 6, 2025
Case Number: C.O. (COMM.IPD-TM) 370/2021
Neutral Citation: 2025:DHC:2161
-Name of Court: High Court of Delhi
Name of Hon’ble Judge: Ms. Justice Mini Pushkarna
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